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HomeMy WebLinkAboutAgreement A-19-202-1 with Durham.pdf-1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT to Agreement No. 19-202 (“First Amendment”) is made and entered into this _____ day of _________________, 2019, by and between the County of Fresno, a political subdivision of the State of California ("COUNTY"), and Durham Construction Company, Inc., a California corporation, whose address is 1025 Holland Ave., Clovis, CA 93612 (“CONTRACTOR”). WITNESSETH: WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 19-202, dated May 7, 2019 (“Agreement”) pursuant to which CONTRACTOR agreed to provide Job Order Contracting services; and WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement to increase the maximum compensation payable under the Agreement by an additional $2,900,000. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, COUNTY and CONTRACTOR agree to amend the Agreement as follows: The portion of Section 4. COMPENSATION of the existing Agreement No. 19-202, as set forth on page 5, beginning in line 27 with the word “CONTRACTOR” through page 6 line 5, is hereby deleted and replaced with the following: “CONTRACTOR shall receive the opportunity to perform Job Orders totaling a minimum of at least twenty five thousand dollars ($25,000) during the Agreement term. The total value of all Job Orders (“Maximum Agreement Value”) performed by CONTRACTOR shall not exceed four million nine hundred thousand dollars ($4,900,000).” COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the Agreement and that upon execution of this First Amendment, the Agreement and this First Amendment shall together be considered the Agreement. Agreement No. 19-202-1 10th December -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, covenants, conditions and promises contained in the Agreement and not amended herein shall remain in full force and effect. , C I ", . . "' 1 2 3 4 5 6 7 8 9 EXECUTED AND EFFECTIVE as of the date first above set forth . 10 11 12 13 CONTRACTOR Chris ~ Secretary Durham Construction Company, Inc . 1025 Holland Ave . Clovis , CA 93612 FOR ACCOUNTING USE ONLY: ISO -Facility Services 14 ORG No.: 8935 Account No .: 7295 15 Fund : 1045 16 17 18 19 20 21 22 23 24 25 26 27 28 Subclass : 10000 -3- COUNTY OF FRESNO Nathan Magsig , Cha irman of the Board of Supervisors of the County of Fresno ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno , State of California By cL .ow C '73- Deputy